Now a days it is persistent issue faced by so many co-operative housing societies regarding conveyance to be done after the registration of co-operative housing society where builders and owners willingly not interested to assist the co-operative housing society regarding land ownership transfer to be done in favor of Co-operative housing society which is mandatory to the builder & owners to do so as per the provisions of MOFA. However, conveyance is very important process whereby flat owners & society can enjoy the right, title & interest in the entire property of its residence, FSI & plot. Therefore Co-operative housing society has to take it very seriously and proceed immediately after the expiration of four months period from the date of registration of Co-operative housing society for the deemed conveyance application filing before appropriate authority in case builder & owners fails to execute conveyance deed in favour of society.
Here are few important facts to be noted while preparation & filing of deemed conveyance proceedings.
1. Send 30 days advance notice to the Builders & Owners regarding initiation of Deemed conveyance before appropriate authority.
2. If builder and Owners will fail to transfer the land by executing conveyance deed in favor of co-operative housing society within the period of 30 days immedietly proceed with the filing of application for deemed conveyance before appropriate authority.
3. Required Documents for Deemed Conveyance:-
a. 7/12 Extract of Property & Mutations
b. Property Card
c. N.A. Permission
d.Development Agreements, Lease, POA executed between builders & owners of land.
e. Sanction Plan Map
f. Commencement Certificate
g. Completion Certificate
h. Occupancy Certificate
i. Society registration certificate
j. Share Certificates of all members
k. Resolution passed by Society for Deemed Conveyance
l. List of Members
k. Agreements executed between flat owners & builders
l. Index II
k. Affidavits of all members
l. Other incidental Documents if any
Once you file the deemed conveyance application, appropriate authority will set the hearing & issue the order of deemed conveyance within the period of six months.
-Paresh Acharekar
KAGZAD 